Another environmental lawyer joins the administration

Michael J. Bean, longtime head of Environmental Defense Fund's wildlife program and author of the classic treatise The Evolution of National Wildlife Law, has been named counselor to Tom Strickland, Assistant Secretary of Interior for Fish, Wildlife, and Parks. Bean will provide advice on endangered species and other wildlife policy issues. This appointment is very good news. Strickland doesn't have a lot of experience in the ESA trenches. Bean more than makes up for th...

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Bill would emphasize wildlife on public lands

Reps. Ron Kind (D. WI) and Walter Jones (R. NC) have introduced a new bill, dubbed the America's Wildlife Heritage Act (H.R. 2807), in the House. The bill is intended to shift the balance of power over the nation's multiple-use lands (those managed by the Forest Service and Bureau of Land Management) a bit away from extractive uses toward wildlife conservation. Current laws leave the land management agencies with a great deal of discretion about how to strike the balanc...

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On Renewable Energy, Is the Senate Bill Worse Than Nothing?

The energy bill passed Wednesday by the Senate Energy and Natural Resource Committee has renewable energy provisions so weak that a dozen environmental groups teamed up to condemn it.   Marchant Wentworth of the Union of Concerned Scientists called the renewable standards in the bill “pitiful”, and added that the legislation could actually lead to less renewable electric generation than is destine to occur without it.   Friends of the Earth President Brent Blackw...

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A Muslim Attorney General

Not strictly speaking environmental, but I think of interest to Legal Planet's readers. Prime Minister Singh announced a few days ago that Goolam Vahanvati, one of the nation's most distinguished government lawyers, will become the nation's 13th Attorney General, for a term of 3 years. Significantly, he is the first Muslim to hold the position. In India, the AG does not run the Justice Department (or "Law and Justice Ministry," as it is referred to here): that is the j...

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Holding Our Breath for a Test Rule for Carbon Nanotubes

Researchers recently reported new findings regarding potential occupational hazards associated with carbon nanotubes.  These nano-scale cylinders have a variety of forms (single-walled and multi-walled, coated and uncoated, and so on.)  They are widely available and used in a variety of manufacturing, medical and electronic applications.  Previously, much attention was focused on whether when inhaled, nanotubes could produce damage similar to that caused by asbestos. ...

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An Open Letter to Climate Change Denialists

Dear Climate Deniers: From the point of view of the blog, it's good news that you have found us -- it means that we're reaching readers who are well outside our usual circle of friends and acquaintances.  And we also welcome dissenting views, even when we think they're unfounded, so you folks are welcome to keep on posting comments. I continue to think that you're absolutely wrong -- about as wrong about climate change as Chamberlain was about Hitler's benign intentio...

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Climate change affecting the U.S.

The US Global Change Research Program has just issued a report on Global Climate Change Impacts in the United States. For people who have been paying attention, there's not much new here. But this report, authored by a team of distinguished scientists from inside and outside the government, endorsed by the White House (see this White House blog post), and including region-by-region details, should help spread the word to others. It is already increasing popular media co...

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The end of the Exxon Valdez legal saga?

Rick earlier posted about the 20th anniversary of the Exxon Valdez oil spill. This week, the Ninth Circuit may finally have brought the litigation that followed that spill to a close. You may recall that last year the U.S. Supreme Court heard Exxon's challenge to the punitive damages award against it, which had been set by the Ninth Circuit (after two remands to the trial court) at $2.5 billion. An equally divided Court upheld the Ninth Circuit's view that punitive dam...

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What Does the CBO Report on Waxman-Markey Actually Mean?

The Congressional Budget Office issued its report on the Waxman-Markey bill recently.  The Washington Times immediately trumpeted: “CBO puts hefty price tag on emissions plan: Obama's cap-and-trade system seen costing $846 billion.” This is quite misleading. Actually, the CBO report tells us virtually nothing about the economic costs of the bill or how much consumers will be out of pocket.  In fact, the way most people understand the idea of a budget deficit, it d...

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Confronting Uncertainty Under NEPA

Quantifying risks with confidence is often difficult. For the past thirty years, agencies and courts have struggled with the treatment of uncertainty in environmental impact statements. This problem is all the more important today. Climate change will require innovative solutions - new energy technologies, new adaptation strategies. These innovations will inevitably pose risks, often in the form of possible harm to human welfare or the environment. Climate change itself ...

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